How Are Truck Accidents Different?

There are a number of factors that make
truck accidents different from passenger vehicle collisions.

To begin with, there is simply no comparison between a commercial truck
that can weigh as much as 80,000 pounds and a passenger vehicle that,
on average, weighs only 3,000 to 5,000 pounds. This size discrepancy is
similar to that between a newborn baby and an adult male. It is therefore
not surprising that the victims of a truck accident suffer severe
injuries such as
paralysis, organ damage, brain damage, back and spinal cord injuries,
broken bones, scarring, and more.

The other key difference between a car accident and big rig accident has
to do with legal considerations.

A large body of laws and
regulations governs the trucking industry, affecting how truck accidents are investigated
and how liability is determined. Furthermore,
trucking companies often put forth a vigorous defense for claims made against them in an
effort to minimize the amount of compensation they pay to a truck accident victim.

Understanding Federal Trucking Regulations

Federal trucking regulations are put in place to keep motorists safe. They
outline rules on everything from the height and weight of a vehicle to
the number of hours a trucker is permitted to drive.

For these reasons, it is vital for anyone who is injured in a large truck
accident to be represented by outstanding legal counsel. At Arnold &
Itkin LLP, we are committed to providing top-quality representation to
injured clients throughout the United States. Our attorneys take care
of investigating the crash, identifying the responsible party, and holding
them accountable.

Investigating Accidents Involving Big Rigs & Tractor-Trailers

An early, thorough investigation is critical to the outcome of your case.
After an accident, a trucking company immediately dispatches a team of
experts to the scene to begin collecting evidence and planning a legal defense.

However, a skilled lawyer from our firm can take steps to counter such actions:

Recovering information such as meal and gas receipts, which can be used
to prove speed

Obtaining cell phone and other records to prove negligence

Sending a preservation of evidence letter and obtaining a temporary restraining order

The sooner you speak with an attorney, the sooner they can begin their
investigation to preserve crucial evidence. In addition, once a lawsuit
is filed, the process of legal discovery is equally important to the outcome
of your case. At this time, your lawyer may request evidence and information
from the defense and directly question the truck driver. For example,
an experienced lawyer knows how to dig into a driver's records and
obtain information about their training, employment history, and medical history.

Determining & Proving Negligence

In a typical car accident, it is fairly easy to determine the party that
is liable for financial reparations. This is not true in commercial truck
accident cases. In fact, there are often many possible defendants and
a complicated web of liability.

The defendants in a truck accident claim can include the:

Truck driver

Truck driver's employer

Manufacturer of a defective part

Retailer of the truck

Loading facility

Repair facility

Government entity responsible for dangerous roads

Insurance considerations in a truck accident are also very different from a standard car accident.
A trucking company is required to carry insurance, but the insurer has
no obligation to reveal how much coverage there is until litigation begins.
Another unique aspect of commercial truck insurance relates to the MSC90
endorsement, which states that an insurance company must provide coverage
even to vehicles that are not listed on a policy. While such legal intricacies
may sound confusing to the average person, they are routine matters to
a truck accident attorney. If you have questions, our law firm can help. Call now.

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The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
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or viewing does not constitute, an attorney-client relationship.

The verdicts and settlements listed on this site are intended to be representative
of cases handled by Arnold & Itkin LLP. These listings are not a guarantee
or prediction of the outcome of any other claims